On February 6, 2006 the plaintiffs, an independent state agency charged with advocating for disabled persons and several mentally disabled persons residing in nursing facilities, filed suit against the State of Connecticut, the State of Connecticut Department of Mental Health and Addiction Services, the State of Connecticut Department of Public Health, and the State of Connecticut Department of Social Services in the United States District Court for the District of Connecticut. They claimed that the defendants were violating the Americans with Disabilities Act and the Rehabilitation Act. Their central allegation was that Connecticut was warehousing and segregating mentally ill patients who desired community-based treatment in three nursing facilities that were either locked or severely limited the ability of residents to leave the facility.

On March 31, 2010 the district court (Judge Alvin W. Thompson) denied the defendants' motions to dismiss and certified the case as a class action. The class consists of persons with mental illness who desire to and are capable of receiving community-based treatment and are institutionalized in Chelsea Place Care Center, Bidwell Care Center, or West Rock Health Care Center or are at risk of entry into these facilities.

Discovery proceeded throughout the rest of 2010 and into 2011. In April 2011, Judge Thompson granted the parties' joint motion to stay the case so that they could try to negotiate a settlement. For the next three years, the parties negotiated.

On June 17, 2014, the parties reached a settlement agreement, which was approved by Judge Thompson on July 2.

The settlement agreement requires the state to ensure that all class members who are eligible for community-based services in a community-based setting are afforded those services if so desired. The state must also explain the benefits of community-based services and settings to all class members. Moreover, even for those class members who choose to remain in the nursing homes (rather than take advantage of a community-based setting), the state must continue to discuss and recommend community-based settings with them. The parties also agreed to the appointment of a remedial expert to ensure the state's compliance with the settlement agreement.

The state also agreed to pay $1.3 Million in attorneys' fees to the plaintiffs.

Since 2014, the appointed Remedial Expert has filed quarterly status reports to the district court outlining the State's progress toward compliance with the settlement agreement. In accordance with the agreement, the court's jurisdiction is scheduled to end in July 2018.

Michael Perry - 01/25/2011
Andrew Junker - 10/22/2014
Lauren Latterell Powell - 10/21/2017


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